G.R. No.

77373               August 22, 1991

EDMUNDO C. JOCOM, petitioner, vs. THE HON. ANDRES C. REGALADO, et al.,
respondents.
GARCIA, J.
FACTS:
In 1973, a council was created to oversee and implement the Bicol River Basin
Development Program (BRBDP). Under the law, the power to appoint the “Program
Director” was vested with the Chairman of National Council on Integrated Area
Development (NACIAD) and it was given to the Prime Minister at the time—Vice Pres.
Laurel. Now, as Chairman, Vice Pres. Laurel appointed Robredo to the position of
“Program Director”. Later that day, Pres. Aquino issued the Freedom Constitution that
removed the position of Prime Minister.
But in 1987, Vice Pres. Laurel appointed Jocom to the position of “Project Director”
(Program and Project Director are the same positions). Jocom tried to assume position,
but Robredo allegedly prevented him with some armed men and barricaded the office.
Jocom argues that a "Project Director" performs an executive function and the position
is without a fixed term, thus, the appointee may be removed with or without cause upon
the discretion of the appointing authority. On the other hand, Robredo argues Jocom’s
appointment is void because the power to appoint was abolished when the Freedom
Constitution was established.
ISSUE003A
Whether Jocom was correctly appointed.
RULING:
No. Jocom’s appointment was not correct because Vice Pres. Laurel had no
power anymore.
After the promulgation of the Freedom Constitution, all provisions regarding the Office of
the Prime Minister were deleted. The control over all ministries and other functions and
powers pertaining to the Prime Minister reverted to the President.
Since he had already ceased to be Chairman of NACIAD, the power of appointment and
removal already belonged to the President. Hence, such appointment and removal were
null and void, and Jocom cannot claim to have had a valid right to the position of
Program/Project Director of BRBDP.
Even assuming that Laurel still had the power to appoint, Robredo could not be
removed from said position, without just cause. There was thus no vacancy in the office
justifying the appointment of Jocom.
Further, the position falls under the classification of a non-career position where the
tenure of the appointee is subject to the duration of the project.
Petition is DISMISSED